BAJAJ ALLIANZ GENERAL INSURANCE Vs. JAYAKODI

JUDGEMENT

(1.) This case was heard through Video Conferencing) These Appeals have been filed by the Insurance Company challenging the common award dtd. 10/2/2018 passed by the Motor Accident Claims Tribunal in MCOP Nos.462 and 463 of 2016 on the ground that erroneously the Tribunal has failed to grant pay and recovery rights to them. According to them, the Tribunal has erroneously not granted pay and recovery rights by wrongly applying Sec. 88 of the Motor Vehicles Act, 1988 which does not apply to the case on hand.

(2.) According to the Appellant / Insurance Company, the insured vehicle has obtained Contract carriage permit and not Stage carriage permit. But however, according to them, the Tribunal has erroneously held that the subject insured vehicle is having a stage carriage permit and has wrongly applied Sec. 88 of the Motor Vehicles Act, 1988 which is applicable only for Stage carriage.

(3.) Heard Ms.C. Harini, learned counsel for the appellant / Insurance Company in both appeals and Ms.Ramya Rao, learned counsel for the respondents 1 and 2 / claimants. Despite service of notice, there is no representation on the side of the 3rd respondent.